1

The Law Of Stalking

Stalking is defined, under California law, as a pattern of conduct with the intent to follow, alarm, or harass the plaintiff. California Civil Code Section 1708.7. To establish this claim, the plaintiff must show that the defendant engaged in a series of acts that created a credible threat of safety for him/her or for his/her immediate family, and that the defendant persisted even after a demand was made that he/she stop.

2

Get a Restraining Order

A plaintiff who is being stalked can obtain a restraining order and injunction prohibiting the stalker from coming near his/her person or home. The order should be broad enough to include plaintiff's family members

3

Damages for Stalking

Where a defendant is found liable for stalking, the plaintiff is entitled to his/her damages, including emotional distress, damage to reputation, and lost income. In addition, punitive damages can be awarded.

4

Summary

Stalking should be taken seriously, and addressed through both the civil and criminal justice systems. The civil justice system provides for injunctive relief, as well as damages that should compensate the plaintiff for all damages, and discourage any future stalking from defendant or other would-be stalkers.